CITY OF NORTH LAUDERDALE v. SMM PROPERTIES, INC.

No. SC00-1555.

825 So.2d 343 (2002)

CITY OF NORTH LAUDERDALE, Petitioner, v. SMM PROPERTIES, INC., et al., Respondents.

Supreme Court of Florida.

August 22, 2002.


Attorney(s) appearing for the Case

Robert L. Nabors, Gregory T. Stewart, and Virginia Saunders Delegal of Nabors, Giblin & Nickerson, P.A., Tallahassee, FL; and Samuel S. Goren and Michael D. Cirullo, Jr. of Josias, Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, FL, for Petitioner.

Neisen O. Kasdin of Gunster, Yoakley & Stewart, P.A., Miami, FL; and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, FL, for Respondents.

Jamie A. Cole and Susan L. Trevarthen of Weiss, Serota, Helfman, Pastoriza & Guedes, P.A., Fort Lauderdale, FL, for The Group City Emergency Medical Service Coalition of Broward County, Florida, Inc., Amicus Curiae.

Randall N. Thornton, Lake Panasoffkee, FL, for The Village Center Community Development District, Amicus Curiae.

Frank A. Shepherd, Miami, FL, for Pacific Legal Foundation, Amicus Curiae.

William Phil McConaghey, pro se, Pembroke Pines, FL, Amicus Curiae.


QUINCE, J.

We have for review a decision of the Fourth District Court of Appeal on the following questions, which the court certified to be of great public importance:

DO EMERGENCY MEDICAL SERVICES (EMS) PROVIDE A SPECIAL BENEFIT TO PROPERTY? CAN A FIRE RESCUE PROGRAM FUNDED BY A SPECIAL ASSESSMENT USE ITS EQUIPMENT AND PERSONNEL TO PROVIDE EMERGENCY MEDICAL SERVICES FOR ACCIDENTS AND ILLNESSES UNDER LAKE COUNTY V. WATER OAK MANAGEMENT CORP....

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